Sri Ashoke Kumar Pal, President
The crux of the instant complaint case in short is that the complainant with the intention to purchase a plot of land more fully described in the schedule of the petition of complainant as well as agreement for sale dated 24.09.2014 (Annexure-I) entered into an agreement for sale with the OP on 24.09.2014 (Annexure-I) at a valuable consideration of Rs.40,00,000/- only. The complainant paid Rs.10,00,000/- on the date of agreement for sale. On the same day i.e. on 24.09.2014 the complainant and the OP also entered into another agreement to develop the scheduled property by filing up earth and constructing one storeyed residential structure measuring about 1200 Sq.ft. and the OP received Rs.2,00,000/- on 24.09.2014 (Annexure-II). The complainant paid entire consideration amount of Rs.40,000/- on different dates and also paid Rs.3,00,000/- on 06.03.2017 for starting the construction work of the building. On and from 02.04.2021, the petitioner / complainant requested the OP to start the construction work but the OP paid no heed thereof. Ultimately it was decided that the OP shall deliver the vacant possession of the scheduled land in favour of the complainant as well as execute and register a proper Deed of Sale within one month and shall refund Rs.3,00,000/- which the OP received on account of making construction. The OP failed to deliver all the original papers to the complainant for preparing the Deed of Conveyance in respect of the scheduled property. Ultimately, the OP promised to refund Rs.3,00,000/- which he received for the construction work. The complainant on several occasions requested the OP to execute and register a proper Deed of Conveyance in respect of the scheduled property in favour of the complainant but the OP paid no heed thereof which prompted the complainant to file the instant case on the relief as sought for in the petition of complaint.
OP did not come forward to contest the case by filing W/V. As such by Order No.4 Dated 15.05.2023 the instant case was declared to be proceeded ex-parte against the OP.
Points for Decision :-
- Is the complainant a consumer?
- Is the OP guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decision with reasons :-
Point No.1:-
On perusal of the case record along with copies of documents available on record it appears that the complainant is willing to purchase a plot of land more fully described in the schedule of the petition of complaint and the agreement for sale dated 24.09.2014 (Annexure-I). The complainant paid the entire consideration amount of Rs.40 lakhs on different dates and the OP acknowledged the receipt of the same. Therefore, the complainant is a Consumer as defined U/S 2(7) of the Consumer Protection Act, 2019.
As such, Point No.1 is decided in favour of the complainant and against the OP.
Point No.2 :-
The complainant booked the scheduled plot of land and accordingly a Deed of agreement for sale dated 24.09.2014 (Annexure-I) has been executed by and between the parties. The complainant also made payment of the entire consideration amount of Rs.40,00,000/- on different dates and the Op acknowledged the receipt of the same from which it appears that all the payment have been properly made. Apart from that the OP also received Rs.2,00,000/- from the complainant on 24.09.2014 for filing up earth on the schedule land and also received Rs.3,00,000/- on 06.03.2017 for starting the construction work of the building. The OP accordingly as per terms of agreement filed up earth on the scheduled plot of land. But no construction work has been started. The OP also failed and neglected to execute and register a proper Deed of Conveyance in respect of the scheduled plot of land in favour of the complainant despite repeated requests by the complainant on different dates. The complainant handed over and alternatively requested the OP to deliver the possession of the scheduled plot of land as promised by them. But the OP was very much reluctant and paid no heed thereof. Therefore, it is clear from the averment for the complainant that the OP is guilty of deficiency in service and unfair trade practice.
As such, Point No. 2 is also decided in favour of the complainant and against the OP.
Point No.3 :-
The complainant booked the scheduled plot of land more fully described in the schedule of the petition of complaint and the agreement for sale dated 24.09.2014 (Annexure-I) from the OP and made payment of the full consideration amount of Rs.40,00,000/-. But the OP also received Rs.2,00,000/- for filing up earth and Rs.3,00,000/- for raising the construction of the building. But the OP violated the terms and conditions of the agreement. Neither the OP handed over possession of the scheduled plot of land as per schedule of the petition of complainant as well as the agreement for sale dated 24.09.2014 (Annexure-I) nor he returned back the amount of Rs.45,00,000/- only with interest which he received from the complainant as per agreement for sale (Annexure-II) and the Development Agreement dated 24.09.2014. Therefore as the complainant did not get any suitable response from the OP he was compelled to file the instant complaint case against the OP on the relief as sought for in the petition of complaint and as such there is no hesitation to hold that the complainant is entitled to get the relief as prayed for as the OP neither handed over physical possession of the schedule plot of land to the complainant nor returned back the entire amount of Rs.45,00,000/- only along with interest to the complainant. The complainant failed to get service from the OP. On the other hand the complainant was harassed by the OP by various ways. Therefore, the complainant is entitled to get the relief as prayed for.
Thus the Point No.3 is also decided in favour of the complainant and against the OP.
In the result, the complaint case fails.
Fees paid is correct.
Hence, it is,
ORDERED
That the instant complaint case be and the same is hereby allowed ex-parte as against the OP with cost of Rs.25,000/-. The OP is hereby directed to deliver vacant and peaceful possession of the scheduled plot of land as described in the schedule of the petition of complainant as well as agreement for sale dated 24.09.2014 and to execute and register a proper Deed of Conveyance in respect of the scheduled property in favour of the complainant within 30 days from the date of passing this order.
Alternatively the OP is hereby directed to refund the entire consideration amount of Rs.40,00,000/- and Rs.3,00,000/- which he received for construction of the building along with simple interest in the form of compensation @12% p.a. w.e.f. the date of payment of the respective installments, to the complainant, till the date of final realization thereof within 30 days from the date of passing this order.
That the OP is directed to pay litigation cost of Rs.25,000/- (Rupees twenty five thousand) only within 30 days from the date of passing this order.
That the complainant is at liberty to put the order into execution after the expiry of 30 days from the date of passing this order.
Let a copy of the order be supplied free of cost to the parties concerned.
That the final order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
Ashoke Kumar Pal
President
